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(영문) 서울북부지방법원 2019.03.21 2019고단242
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 25, 2013, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court, and on July 25, 2013, the Defendant was sentenced to a suspended sentence of ten months for the same crime in the same court.

【Criminal Facts】

1. Around 22:30 on December 19, 2018, the Defendant driven B cargo under the influence of alcohol content of 0.160% from the 5km section from the Cheongyang-ri (hereinafter referred to as the “Yanyang-ri”) road to the 826th road in Seoul, Nowon-gu, Seoul, Nowon-gu, to the 5km road.

As a result, the Defendant, who violated the drinking regulations at least twice, driven a motor vehicle under the influence of alcohol again.

2. The defendant is a person who is engaged in driving freight B while driving cars.

On December 19, 2018, at around 22:30% of blood alcohol concentration, the Defendant driven the above vehicle in such a state as to make it difficult to easily distinguish the central line location map under the influence of alcohol level 0.160%, and companies in Seoul Special Metropolitan City, Nowon-gu 826 were driving the two-lane front of the event distance at the speed of the city at the speed of the speed of the city, depending on the set-off section in the sub-sections of the sub-section.

At the time, the center line of the yellow-line is installed at night and there is a place where the yellow-line is installed, so there was a duty of care to ensure that a person engaged in driving service has a duty of care to thoroughly drive the car in the front and to safely drive the car.

Nevertheless, the Defendant neglected this and went to turn to the left at the opposite direction of the last line due to the negligence of the Defendant, the entire part of the D-si driven by the victim C(the age of 67) who was driving along one lane, was shocked with the front part of the Defendant’s vehicle.

As a result, the Defendant driven the above vehicle while it is difficult to drive it normally due to the influence of drinking, and suffered injury, such as a scarke, etc. which requires medical treatment for about four weeks.

(i) the evidence;

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